Legal Question in Intellectual Property in Florida

A real estate agent has taken a picture of my house and published it in her advertising mass mailing. My house is not on the market and I did not give her permission to use the likeness of my house. Is this legal? What recourse do I have?


Asked on 11/17/09, 11:41 am

2 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Is it being represented as being for sale? Contact her and have her remove it.

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Answered on 11/22/09, 2:33 pm
Sarah Grosse Sarah Grosse, Esquire

You do not have intellectual property rights over pictues of your house which are taken by someone else. It is a contract issue, and you can contact the listing agent to tell her to get your pic off her website. If the house is in foreclosure, you may have limited rights.

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Answered on 11/22/09, 3:32 pm


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